F1 driver's Aust GP legal bid in limbo

Formula One driver Giedo van der Garde's bid to find out if he will race in the Australian Grand Prix is on hold.

Giedo van der Garde leaves the Supreme Court in Melbourne

Formula One driver Giedo van der Garde is back in court fighting to keep a spot for driving in the Australian Grand Prix. (AAP)

A Formula One driver's bid to force Swiss team Sauber to allow him to race in the Australian Grand Prix is in limbo.

Giedo van der Garde won a court decision to force F1 team Sauber to reinstate him after they dumped him - but Sauber appealed in the Supreme Court of Victoria.

The court gave Sauber leave to appeal on Thursday, meaning Mr van der Garde's fate will be known before practice races start at Melbourne Park on Friday.

Mr van der Garde won his effort to claim one of two driving spots on Wednesday morning, but his bid is on hold again until the appeal is heard.

Sauber's lawyer Rodney Garratt QC argued the team did not have enough time to safely fit Mr van der Garde into the car.

Mr van der Garde was still confident the court would rule in his favour.

"We'll see what comes out tomorrow and I'm still hopeful," he told reporters outside court.

Sauber has argued Mr van der Garde would be an unacceptable death risk on the track, given he has not trained in the team's car and was not fitted for a custom seat.

Sauber said the seat fitting process took two weeks, but Mr van der Garde's lawyer Tom Clarke told the court this week the process could be done in days.

The 29-year-old said he could be fitted for the car quickly.

"Even though we have to do it overnight, it's not an issue," he said.

"(It) takes around three, three-and-a-half hours, and it's not very tough."

One of Sauber's current drivers, Marcus Ericsson or Felipe Nasr, will have to miss out for Mr van der Garde if Sauber's appeal is unsuccessful.

Justices Simon Whelan, David Beach and Anne Ferguson will hear the appeal argument at 9.30am on Thursday.


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Source: AAP


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